Naturalization help!

[Basya]

I am married to US citizen. I had my first interview for green card on 04/02/07 and was approved with the stamp in the passport I-551. But my green card actually arrived on 12/26/07.
So I am confused now, when should I apply for citizenship in Aipril, 2010 or December, 2010???
Please any suggestions!

 

[ga0509]

when you applied to remove conditions ie I-751, what date did you use as your basis before the 2 yr period? I would advise to use the same date for 3 yr n-400 filing. You should have taking care of the date disparity in 2007. my 2cents

 

[baikal3]

I am married to US citizen. I had my first interview for green card on 04/02/07 and was approved with the stamp in the passport I-551. But my green card actually arrived on 12/26/07.
So I am confused now, when should I apply for citizenship in Aipril, 2010 or December, 2010???
Please any suggestions!

The physical green card itself has a field "permanent residence since [date]" and basically you should use the date specified there.

It should be the date when your I-485 was approved (not when the card arrived). It looks from your post like it was 04/02/07. But better double-check with the "resident since" date given on the card itself, as sometimes there are minor discrepancies.

 

[Basya]

Thank you! I am removing conditional status in September, 2009. I had the same confusion about when to file, but decided to go with the date on the card. On the card it says resident since 12/26/07. But on the other hand the stamp in my passport says "Upon endorsement serves as temporary I-551 evidencing permanent residency for one year" issue date 4/2/07. May be GC arrived later because I had I-551 for one year? And I should consider residency from 4/2/07?

 

[baikal3]

Thank you! I am removing conditional status in September, 2009. I had the same confusion about when to file, but decided to go with the date on the card. On the card it says resident since 12/26/07. But on the other hand the stamp in my passport says "Upon endorsement serves as temporary I-551 evidencing permanent residency for one year" issue date 4/2/07. May be GC arrived later because I had I-551 for one year? And I should consider residency from 4/2/07?

Hmm. It is possible that the date on the card is incorrect for some reason. In general, your LPR status starts from the date your I-485 got approved, and I-551 is only issued after I-485 got approved. Did you ever receive an I-485 approval notice?

Still, I would say that even if the date on the card is for some reason incorrect, it is probably better to go with the date on the card (12/26/07), to be on the safe side. Otherwise there is a substantial risk that your application will be rejected as filed too early and you'll lose both time and money.

 

[Sephiroth]

Thank you! I am removing conditional status in September, 2009. I had the same confusion about when to file, but decided to go with the date on the card. On the card it says resident since 12/26/07. But on the other hand the stamp in my passport says "Upon endorsement serves as temporary I-551 evidencing permanent residency for one year" issue date 4/2/07. May be GC arrived later because I had I-551 for one year? And I should consider residency from 4/2/07?

No, the correct permanent residence is 12/26/07, you could apply N-400 after 12/26/10, the date on the card is the only valid. If you apply before 12/26/10 your application will be denied after the final interview, reason (Applying to early, less than 3 years).

I also removed the conditional status 2 years after marriage, the lawyer only considered the permanent residence card date for the N-400.

 

[TheRealCanadian]

No, the correct permanent residence is 12/26/07, you could apply N-400 after 12/26/10, the date on the card is the only valid.

I would disagree. The I-551 stamp is pretty compelling evidence that the card was issued in error, and an I-90 should be filed to correct this.

 

[Jackolantern]

Thank you! I am removing conditional status in September, 2009.

That will be too late! You were supposed to file to remove conditions by 4/2/2009. Now you'll have to file late, explaining the situation in writing regarding the discrepancy with the I-551 stamp showing one date and the green card showing a different date.

As a result of failing to file it on time, you are technically out of status and you should not leave the US until this is resolved.

 

[NewRunner]

I would disagree. The I-551 stamp is pretty compelling evidence that the card was issued in error, and an I-90 should be filed to correct this.

The correct date for N-400 purposes is the one on the green card itself, and it should match the date that the I-485 was approved.

The passport stamping date is just the date for the passport stamping - it signifies nothing in terms of a change in immigration status. The passport stamp is evidence of legal permanent residence, but not of on which date that permanent residence status became effective.

As it usually says alongside the stamp, it is only "temporary evidence of lawful permanent residence", and it exists so the new LPR can travel and have evidence of permanent residence status (e.g., for employment purposes) while waiting for the physical green card.

In our case, we got our passports stamped in October 2001, but our green cards date from August 2001, which is when our I-485s were approved.

 

[Basya]

Thank you so much for your replies!
My I-485 approval notice date is 12/28/07, so it is almost matches with the date on GC. I am late to file I-90 to correct the date, because I am filing the removal of conditions based on GC date. But can I file I-90 after my permanent card will arrive?
And if I will apply for citizenship in April,2010, and it will be rejected due to early application. What will happen with my next application, will it be delayed?

 

[Jackolantern]

The correct date for N-400 purposes is the one on the green card itself, and it should match the date that the I-485 was approved.

That is usually true, but is sometimes false because USCIS occasionally makes an error with the date on the card. Some people have even received green cards with a "resident since" date of before they even filed their I-485. When there are other events and documents that contradict the date on the card, the date on the card should not be trusted.

In this case, the December 2007 date on the card is in error, because the I-551 stamp was given in April 2007. Unless the stamping itself was given in error. If the OP traveled outside the US and reentered using the passport stamp before the card was issued, that shows the stamp was correct and the card is wrong. The OP needs to make an Infopass appointment to clear up the situation and find out what is really going on.

As it usually says alongside the stamp, it is only "temporary evidence of lawful permanent residence"

It is temporary evidence of permanent residence, not evidence of temporary residence.

 

[TheRealCanadian]

The passport stamp is evidence of legal permanent residence, but not of on which date that permanent residence status became effective.

That is correct. One could be a permanent resident prior to the I-551 stamp being issued, but the stamp is NEVER issued prior to becoming a permanent resident.

Again, if the stamp is dated earlier in that the date on the card, the card is likely to be in error.

 

[Sephiroth]

And if I will apply for citizenship in April,2010, and it will be rejected due to early application. What will happen with my next application, will it be delayed?

If your application is rejected by applying too early, your application will not be delayed, but you have to pay again the fee ($650 or more if you are using a lawyer) and start the N-400 from zero.

 

[Basya]

Thank you very much!

 

[NewRunner]

Again, if the stamp is dated earlier in that the date on the card, the card is likely to be in error.

Yep, you're right. I missed from the OP's posting that the passport stamping happened a full 8 months before the green card date. Under normal circumstances, this would suggest that the date on the green card is incorrect.

 

[baikal3]

Thank you so much for your replies!
My I-485 approval notice date is 12/28/07, so it is almost matches with the date on GC. I am late to file I-90 to correct the date, because I am filing the removal of conditions based on GC date. But can I file I-90 after my permanent card will arrive?
And if I will apply for citizenship in April,2010, and it will be rejected due to early application. What will happen with my next application, will it be delayed?

Since the I-485 approval date is 12/28/07, there is also a real possibility that the I-551 stamp was issued in error.

I would probably stick to the 12/28/07 as the start of LPR status date unless you are able to correct the date on the card first, by filing the I-90 form. As a preliminary step, I'd suggest making an INFOPASS appointment to talk to an IO in person.

 

[Jackolantern]

Since the I-485 approval date is 12/28/07, there is also a real possibility that the I-551 stamp was issued in error.

But the date on the approval notice is rather meaningless, because approval notices show the date the notice was printed, not the date the approval occurred.

 

[NewRunner]

But the date on the approval notice is rather meaningless, because approval notices show the date the notice was printed, not the date the approval occurred.

I thought the I-485 approval NOA showed both the notice date and the petition approval date. The approval date is what matters obviously.

 

[Jackolantern]

I thought the I-485 approval NOA showed both the notice date and the petition approval date. The approval date is what matters obviously.

It shows receipt date, priority date, and notice date.

The date of my "Card production ordered" email matches the "resident since" date on my green card. But the approval notice shows a notice date a few days after that. Others have noticed a larger discrepancy.

 

[fitness901]

I am married to US citizen. I had my first interview for green card on 04/02/07 and was approved with the stamp in the passport I-551. But my green card actually arrived on 12/26/07.
So I am confused now, when should I apply for citizenship in Aipril, 2010 or December, 2010???
Please any suggestions!

Hey there

the day you got approved !!! 04/02/07 i had my green card after i was approved one year and half........it lost some how but they put the date the i got approved . why don't you check your green card there is a date in there. to be safe side.